Johnson v. Western State Colorado University et al

Filing 88

ORDER by Magistrate Judge Boyd N. Boland on 3/25/14. The Joint Motion... to Stay Discovery Pending Alternative Dispute Resolution 83 is GRANTED. The Motion to Vacate Schedule 84 is GRANTED IN PART and DENIED IN PART. Discovery cut-off is extende d to and including June 16, 2014. A settlement conference is set for 4/7/2014 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Each party shall submit a confidential settlement statement to my chambers on or before March 31, 2014. (bsimm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02747-WJM-BNB
KEIFER JOHNSON,.
Plaintiff,
v.
WESTERN STATE COLORADO UNIVERSITY,
BRAD BACA, individually and in his official capacity as President of Western State Colorado
University,
GARY PIERSON, individually and in his official capacity as Vice President for Student Affairs
and Dean of Students,
SARA PHILLIPS, individually and in her official capacity as Title IX coordinator, and
CHRIS LUEKENGA, individually and in his official capacity as Associate Vice President for
Student Affairs,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)

The Joint Motion . . . to Stay Discovery Pending Alternative Dispute

Resolution [Doc. # 83, filed 3/24/2014] (the “Motion to Stay Discovery”); and
(2)

The Joint Motion to Vacate Scheduling Order or In the Alternative Extend

Deadlines Therein [Doc. # 84, filed 3/24/2014] (the “Motion to Vacate Schedule”).
In addition, the district judge has referred the matter to me to hold an early neutral
evaluation and settlement conference. Order [Doc. # 87].
I agree with the parties that staying all discovery pending the settlement conference,
which is set to occur promptly, preserves resources and furthers the policy of promoting
compromise through settlement. In addition, requiring the parties to designate experts while

undertaking settlement discussions, under the specific and unique facts of this case, is not
justified. I do not agree, however, that at this time the entire case schedule must be vacated or
adjusted by six months.
IT IS ORDERED:
(1)

The Motion to Stay Discovery [Doc. # 83] is GRANTED. All discovery is

STAYED pending the completion of the settlement conference or further order of the court.
(2)

The Motion to Vacate Schedule [Doc. # 84] is GRANTED IN PART and

DENIED IN PART as follows:
• GRANTED to extend the expert witness disclosures and discovery cut-off as
follows:
(a)

The parties shall designate all experts and provide
opposing counsel with all information specified in
Fed. R. Civ. P. 26(a)(2) on or before April 18, 2014;

(b)

The parties shall designate all rebuttal experts and
provide opposing counsel with all information
specified in Fed. R. Civ. P. 26(a)(2) on or before
May 23, 2014;

(c)

Discovery cut-off is extended to and including June
16, 2014; and

• DENIED in all other respects.
(3)

A settlement conference is set for April 7, 2014, at 9:00 a.m., in Courtroom 401,

4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. All
settlement conferences that take place before the magistrate judge shall be confidential. Pro se
parties, attorneys, and client representatives with full authority to settle the case must be present
at the settlement conference in person. (NOTE: This requirement is not fulfilled by the presence

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of counsel alone. If an insurance company is involved, an adjustor authorized to enter into
settlement must also be present.) Each party shall submit a confidential settlement statement to
my chambers on or before March 31, 2014, outlining the facts and issues in the case and
containing a specific offer of compromise, including a dollar amount the client will accept or pay
in settlement and any other essential terms of a settlement.
Dated March 25, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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